Tracy

[garyshell]

A non compete, essentially ending an employer/employee relationship, is not the same thing as a continuing contract for a specified time.

Yes I realize that, the point was that the findings were that by not allowing the employee to "ply their trade" immediately, it reduced their potential value once the severance period ended. I think the same sort of argument could be made here. By benching PT for the duration of his contract and preventing him from driving for anyone else during that time, he damages Paul's worth when the contract DOES expire. Paul possesses a skill that can be clearly shown to require constant practice, honing and development. By denying Paul the opportunity for those things he is damaging Paul's skill and thereby his ability to earn an income latter. I think any lawyer can pretty easily make a case with this argument.

Gary

[nigelred5]

He signed the contract., however a non-compete clause would require the parties to the contract, specifically the employer is still in the business would it not? If the employer is no longer in the business the competition clause pertains to, is it valid? Forsythe still has a race to run in Long Beach and has to field cars by contract. Also he is still owner of the Atlantic's series and a team in that series.

IMHO, he' throwing a tantrum and being a ***** to spite more than one party until he really gets around to deciding whether or not he wants to continue in racing. I think we can pretty much assume at this point that in exchange for his long term contract in a pretty tight no compete clause prohibits him from driving in ANY series unless GF puts him there.

[garyshell]

He signed the contract., however a non-compete clause would require the parties to the contract, specifically the employer is still in the business would it not? If the employer is no longer in the business the competition clause pertains to, is it valid? Forsythe still has a race to run in Long Beach and has to field cars by contract. Also he is still owner of the Atlantic's series and a team in that series.

IMHO, he' throwing a tantrum and being a ***** to spite more than one party until he really gets around to deciding whether or not he wants to continue in racing. I think we can pretty much assume at this point that in exchange for his long term contract in a pretty tight no compete clause prohibits him from driving in ANY series unless GF puts him there.

I don't think a non-compete is in play here. I only brought it up in the context of another case where the courts found that the terms of the non-compete damaged the plaintiffs ability to work AFTER the date on the non-compete expired. I think the same MIGHT be true for Paul's contract. If being benched for the next four years would damage Paul's ability to work after the contract is up, I think a case can be made to terminate the contract now or force Gerry into "unbench" Paul for the next four years.

Gary

[cartpix]

Some big threat. CC fans were never (supposedly) going to watch anyway. They swore they'd never watch a series owned by TG & swore they'd never watch the ****wagons.

OK. Don't watch.

WOW, thanks for the warm welcome. You know, some of us CC fans, that you seem to paint with a very broad brush, watched the IRL, before the merge. It's nice to see there is a snobish elitism going on, in this forum.

Jeff

[downtowndeco]

WOW, thanks for the warm welcome. You know, some of us CC fans, that you seem to paint with a very broad brush, watched the IRL, before the merge. It's nice to see there is a snobish elitism going on, in this forum.

Jeff

You're correct. I should have said "some CC fans" instead of lumping you all in together.

That being said you can't deny there are a few CC fans that won't be happy short of the IRL going BK & IMS blowing over in a tornado. Sore losers to the grave.

[cartpix]

You're correct. I should have said "some CC fans" instead of lumping you all in together.

That being said you can't deny there are a few CC fans that won't be happy short of the IRL going BK & IMS blowing over in a tornado. Sore losers to the grave.

Yes, I'll go along with that. Some CC fans are mad because the merge wasn't the CC season with Indy added (with a date change to not conflict with Laguna Seca) & run with DP01s. I'm not one of those. I'm not really a CC fan, I'm a race fan. I'll watch anything with wheels & some without.

Jeff

[downtowndeco]

Yes, I'll go along with that. Some CC fans are mad because the merge wasn't the CC season with Indy added (with a date change to not conflict with Laguna Seca) & run with DP01s. I'm not one of those. I'm not really a CC fan, I'm a race fan. I'll watch anything with wheels & some without.

Jeff

I'm a race fan as well. Watched almost IRL & CC race the last 15 years. Saw Mario win in person in L.B. Saw Eddie Hill's Top Fuel blowover at Pomona on a Thursday afteroon. I was at Fontana when Jimmy Johnson won his first Cup race & I've stood in 5 degree weather to watch snowmobile racing in Northern Wisconsin.

In any case, sorry for lumping all CC fans together. A few of them give you (and all motorsports IMO) a black eye.

Cheers.

[Champcar4life]

Or the right to change our minds. Don't look to Paul to fight YOUR fight with the reality that CCWS is no more.

Gary

First, second and third I know CCWS is gone and last this is what Paul say I was just quoting it,so this wasn't an issue of getting him to fight a fight for me, or for Champcar for that matter, but in racing, or any other business money does talk, just look at Dan the wonder boy he say he was happy at AGR,but the next season he was with another team.

[IWUTitan90]

A non compete, essentially ending an employer/employee relationship, is not the same thing as a continuing contract for a specified time.

Starter, did the contract not end when not only the series which Tracy drove in, but also the team itself, closed shop? How can one be an employee of something that no longer exists?

[nigelred5]

Starter, did the contract not end when not only the series which Tracy drove in, but also the team itself, closed shop? How can one be an employee of something that no longer exists?

However do we know who the contract is actually with? Forsythe Racing Technology and Forsythe Championship Racing do still exist from what I read and from what has been said by the few people on here that I believe have some connection with FCR, they are still employed aren't they? They only said that they are NOT taking the IRL cash and cars and competing in the IRL/ICS. They ARE still a Champcar team at least until after Long Beach. Waht happens after that, I'm not sure even GF knows right now. If GF decides FCR is going to compete in Soapbox derbys and PT has a contract, then I suspect that is where he is leagally obliged to grab a wheel and cinch down the straps. Apparently it's pretty tight and GF has made no bones about enforcing the contract.